B
PAPER –
COMPANY LAW
(Paper Code : 0478001)
The Course shall comprise of the following:
1. Formation of Companies :
( 1) Histoly of Company Legislation in India.
(2) Meaning and Nature of Company with Emphasis on its Advantages and Disadvantages over othel
forms of Business Organizations.
(3) Kinds of Companies.
(4) Corporate Personality and Lifting the Corporate Veil.
(5) Promotion of Companies – Promoters and Pre- Incorporation Contracts.
(6) Memorandum of Association and Articles of Association :
(a) Meaning, Nature and Contents and Relationship Between the two.
(b) Objects Clauses and Doctrine of Ultra – vires, Doctrine of Indoor Management.
(7) Prospectus and Statement in Lieu of Prospectus.
(8) Membership of Company – Its Acquisition and Termination.
2. Corporate Capital :
( 1 ) Share and Share Capital : Meaning. Nature and Kinds ; Various rights and Duties Attached to
these Shares
(2) Issuance and Allotment of Shares.
(3) Alteration of Share Capital :
(a) Increase in Share Capital
(b)Reduction of Share Capital
(c)Pre- Emptive Rights and Variation of Class Rights
3. Company Management and Administration:
( 1 )Company and its Various Organs Including Division of Powers between Board of Directors
and Company in General Meeting.
(2) Comapny Meetings and Resolution : Types / Kinds of Meetings, Essential Conditions of a
Valid Meeting. Procedure for Calling Company Meetings, Resolution Kinds and Procedures
relating thereto.
(3) Directors and Managing Director : Appointment and Legal Position.
(4) Oppression and Mismanagement Majority Rule and Minority Protection.
(5) Investigation into the Affairs of Companies.
(6) Reconstruction and Amalgamation.
(7)National Company I.aw Tribunal : Colnposition and Powers.
J. Winding up of Company: Modes of Winding Up. Conrpulsory Winding Up – Conditons and
Positions. Voluntary Wi11ding Up: Kinds and Distinctions, Officials Liquidator and Liquidator.
Appointment and Powers.
Note – All above topics shall be discussed as per provisions of the recent Companies Act.
BOOKS RECOMMENDED
Majumdar A.K.. C'onlpanv Lcr\t and Practice,
Kapoor G.K. (Dr.) & Go\ver 1,.C.B.. Principles of \'lodern Conlpany La\v
Singh /\vIal- ( Dr.). Indian Conrpatl\- La\r
Ramay)’a A., /I Guide to C'olnpanies ,4 cr
Rai Kailash. Principles of Conrpany Lau'
Dhingra L.C. (Dr.), Principles of Company Lab
Fripathi S.C. (Dr.), N'lodern Company I .au'
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FAQ/
PAPER – 28
LABOUR AND INDUSTRIAL LAW
(Paper Code : 0478002)
The course shall comprise of the following:
1. Evolution of Industrial Legislation in India
2. Industrial Disputes Act 1947.
(a)Scope Object & Main Features.
(b)Industry
(c)Industrial Dispute and Individual Dispute
(d)Workman and Employee
(e)Authorities under the Act & Grievance Redressal Machinery
(f)Strike
(g)Lock – Out
(h)Retrenchment
(i)Lay - off
G)Transfer and Closure
3 Trade Unions Act, 1926
(a)Growth of Unions in india
(b)Definitions
(c) Registration of Trade Unions
(d) Rights and Liabilities of Registered Trade Unions
(e) Concepts of Collective Bargaining, Recognition, Multiplicity of Trade Unions & Role of
outsiders in Trade Unions.
4. Payment of Wages Act, 1936
5. Workmen Cornpensation Act, 1923.
6. Employees Provident Funds Act, 1991.
7. Maternity Benefits Act, 1961 with recent Amendments.
BOOKS RECOMMENDED
Bangri P R., La\\' o.flndustrial Disputes
Dhingra L.C.. Lem on Industrial Adjudication in India.
(ioswam i \ .G. Labour & Induslrial La\\
Kothari G.M. (Dr. ). .4 Stud\' of- I ndustrial I,a\\
Malhotra O.P.. La\r of- Industrial Disputes
Mishra S.N., Labour and Industrial Lau
Puri S.K.. Labour and Industrial Law
Srivastav K.D., La\v relating to Trade Unions &Unfair Labour Practices in India
PAPER – 29
ENVIRONMENTAL LAW
(Paper Code : 0478003)
The course shall comprise of the following :
I. Meaning and definition of environment and pollution, kinds of pollution, sources and consequences of
pollution, Ancient Indian Philosophy relating to environment protection.
2. Constitutional provisions, concerning environment pollution under Code of Criminal Procedure, Indian
Penal Code Environment and development, Current environment problems, Public Interest Litigations.
3. Present regulations and enactments regarding environmental pollution – Definitions and Measures that
have been adopted through different legislation –
(i). The Environment (Protection ) Act, 1986.
(ii). The Air (Prevention and Control of Pollution) Act, 1981.
(iii).The Water (Prevention (Prevention and Control of Pollution) Act, 1974
(iv).The Forest Act, 1927.
4. Polluter Pays Principle, Precautionary Principle, Public Trust Doctrine, Sustainable Development, cases at
National Green Law Tribunal, Powers and functions of NGT.
BOOKS RECOMMENDED
Di\van Paras. Environment Administration. Lau, and Judicial Altitude
Jas\val P.S.. Environrnental La\\
Kumar Naresh : Air Pollution and Environment Protection
Pdl Chandra, Environmental Pollution & Development.
Singh Gurdip, Environnrentl Lau'.
PAPER – IV
CRIMINOLOGY AND PENOLOGY
(Optional Paper)
(Paper Code :
0478004)
The course shall comprise of the following :
1. Criminology – Definition, Nature and scope of Criminology, Method of studying Criminology
2. Schools of Criminology.
3. Factors in Causation of Crimes.
4. Specific Crime – Organized Crime, White Collar crime, socio – Economic Crime, Juvenile
Delinquency.
5. New Dimensions of criminology.
6. Penology - Concept and definition of punishment, Concept of Treatment , Object of Punishment.
7. Schools of Penology, Theories of Punishment.
8. Capital Punishment.
9. Prison Reform
10. Alternatives to Imprisonment- Probation, Parole, Open Prison etc.
BOOKS RECOMMENDED
Sutherland E. and Cress);, Pl-illciples of Criminology.
James Teary. Introduction of Criminology.
Sethna S.M., Society and Criminology
Pannanan M., Criminology and Penology.
Siddique Ahmad, Criminology: Problems and Perspectives
Paranjape N. V. , Criminologv and Penologv.
w/v
Sirohi J.P., Criminology and Criminal Administration,
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PAPER – IV
LAW OF TRUST, EQUITY AND FIDUCIARY RELATION
(Optional Paper)
( Paper Code : 0478005 )
The course shall comprise of the following :
History, nature and principles of Equity-Emergence of law of trust from Equity– The
making of Indian Law of Trust and provisions of law of Trust-Religious Trusts-Principles of
Equity and Equitable Remedies, Equitable Relief in different branches of law with special
reference to property law.
(1) Equity
(a) Nature of Equity, (b) IIistory of Courts of Equity, (c) Relations of law of Equity, (d) The
maxims of equity, (e) Different Equitable remedies
(2) Trust & Fiduciary Relations :
(a) Essentials of Trust
(b) Fiduciary Relationship– Concept, kinds vis-a-vis Trusteeship
(c) Trust and contract, Power, condition, charge and personal obligations– distinguished
(d) Classification of Trust and its importance
(e) Private Trusts
(f) Public Trusts
(g) Appointments, Retirement and removal of Trustee
(h) Rights, Power, Discretion and control of Trustees
(i) Duties of trustee in relation to :
(i) Trust property; and (ii) Beneficiary
a ) The Administration of Trust
(k) Liability for Breach of ’1-rust
(1) Rights and Remedies of the Beneficiary
(m) Constructive Trusts.
BOOKS RECOMMENDED
Ahmad Aquil, Equity, -l'rusts and Specif c Relief.
Desai S.T., Equity. Trusts and SpecifIC Relief.
Hansbur}; & Mousley. \lodern Eq niN.
Jhab\\’ala N.I I. Elements of Equity. Trusts and Speciyic Reliey.
Rao GCV Suk>ha. Equity. Trust and Fiduciary Relation.
Singh G.I) .. Principles of Equjty.
Snell. Principles of Equicv,
Tondon M.P .. Principles of Equity and Trusts.
q1 / [
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PAPER – IV
BANKING LAW INCLUDING NEGOTIABLE INSTRUMENT ACT
(Optional Paper)
( Paper Code : 0478006 )
The course shall comprise of the following :
( 1) Nature and Development of Banking
(2) Relationship of Banker and Customer:
(a) Banks, Banking Business, Meaning of Customer, Types of Accounts, Banker as
Borrower
(b) Contract Between Banker and Customer - Their Rights and Duties
(c) Banker's Lien
(d) Banking Instruments
(e) Banking Services.
(3) Laws Regulating the Business of Banking (Salient Features Only) :
(a) Banking Companies Act, 1949
(b) Reserve Bank of India Act, 1934
(c) Foreign Exchange Management Act, 1998
(4) Meaning and Kinds of Negotiable Instruments
(5) Indorsement, Negotiability and Assignability
(6) Holder and Holder in Due Course
(7) Rights and Liabilities of Paying and Collecting Banker
(8) Dishonour of Negotiable Instruments Including Criminal Liability of Drawer and Protection
of Collecting Banker.
BOOKS RECOMMENDED
Bangia R.K.. Negotiable Inst ru111ent .-Icr,
Bashyaln & At:liga: 'l'llc Negotiable lllslrulnellt ,Icr
Chorley Lord, La\v of- Banking
Faizi O..P ., The Negotiable Instrument Act.
Gupta S.N., Banks and the Customer Protection Law,
Gupta S.N., f/ze Banking La\\' and Practice in India.
Mtegrah Maurice & Ryder F.R.. Pagers La\v of Banking
PaIThasarathy M. I).. \egotiable lllstrunre nt IcI
Singh A\'Lar (Dr.). Negotiable I IISt rulnent 'Icr
l-annen M.I... Banking La\r and Practice in India.
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PAPER – V
ARBITRATION, CONCILIATION AND ALTERNATE DISPUTE RESOLUTION
(Practical Training)
(Paper Code : 0478007)
I-he Course will be taught partly through class room lectures including simulating exercise and partly through extension
programme like Lok-Adalat, etc. This paper \will carry Maximum 100 Marks. The written examination on this papel
(Theory Paper) \\'ill be in descriptive form and of three (03) hours duration and \viII carry 50 Marks. ’I-he \ britten
examination ('l'heory Paper) shall be held by way of paper with the other theory papers. The Practical / Viva-voce
Examination will carry 50 Marks. 1-he Course will be taught in association with practicing lawyers / retired Judges
/ retired Law Teachers. The Class room instructions shall include lessons on the concepts and practice ofArbitrdtion.
Conciliation and Alternate Dispute Resolution. Students shall be required to maintain the Diary of the Sessional Work
for this paper in which they shall record the written exercises assigned to them by the subject teacher during the
session and their observations about the field work / training work of Lok Adalat etc. organized by the Law Department
of the College / University and attended by them. This Paper will carry Maximum 100 Marks. The Sessional Diary
will carr)- 20 Marks and will be evaluated by the Board of Examiners at the time of Semester Practical / Viva-voce
examination. Twenty (20) Marks are assigned hr the legal field work assigned by his / her subject teacher /
supervisor carried on by student during the Session. Such field work will be evaluated by consensus of Board of
Examiners (Internal & External Examiners). The marks earned by the students for the legal field work during the
Session wil] be conveyed to the Ch. Charan Singh University, Meerut by Board of Examiners to be held at the time of
Practical / Viva-voce examination. The Viva-voce will carry 10 Marks.
Guidelines : it is advisable that the 1,a\v Department of the College / University should organize field work in such a
manner that all the students get an opportunity to participate in field work so that each candidate may be able to attend at
least t\\'o such tield assignments.
The course shall comprise the foIIo\rings:
I. ARBITRATION– Definition, Nature. Scope curd inlportance ot- Arbitration: Arbitration Agreement, Composition
ofArbitral Tribunal; Jurisdiction oF Arbitral Tribunals. Conduct of Arbitral Proceedings: Making of Arbitral A\\-ard
Termination of Proceedings: Resource against Arbitral A\yard. Finality and enforcement of ArbiLral Awards;
Appeal and Revision.
2 FOREIGN AWARDS – New York Convention Awards; Geneva Convention Awards
3 CONCILIATION – Application. Scope. Commencement of Proceedings: Appointment of Conciliators.
Submission of statenlent LO collciliators: Role of ConciliaLor, Communication between Conciliator and Parties:
Settlement Agreement, Termination of Conciliation Proceedings; Costs and Deposits of Conciliation Proceedings.
4. RULE- MAKING POWERS – Hjgh Courts. Central Government.
5. ALTERNATE DISPUTE RESOLUTION SYSTEM
(i) Development. Meaning. Objective and Advantages oF A.D.R. System.
(ii) Types of A.D.R. System – Mediation, Arbitration. Negotiation, Mini-Trial, Judicial Settlement, Fast Track
Arbitration.
Final Offer Arbitration, Multi door Court House, Medola, Online Dispute Resolution, Family Settlements etc.
(iii) Lok Adalats – Organization, Cognizance of Cases, Awards and Powers of Lok Adalats.
( iv) Any two Cases of Arbitration and Conciliation
BOOKS RECorvirviENDED
Rao P C,. Alternative Dispute Resolution.
Basu N.D.. La\t of Arbitration and Conciliation.
Ku'atra G .K.. The Arbitration and C'oltciliutiort Luv of' India.
Bansal A.K., La\\' ofInternational Commercial Arbitration
SaI-afB.P.& Jhunjhnuwala M.. Arbitration and Conciliation
Malhotra O.P., The Law and Practice of Arbitration and Conciliation
Law Commission of India Report :
I.cr\t (:ontnlissi oil CIt- l11diu Report on (;rama \va\'a lava:i
I.uv Cotnnlissioll qf India Report on t:rt)an I,iligalion- \lec[iatiort
Sta f IIfes
TIle ..\rbitration arId (’orlci liation 'Jc/. 1 996
The Legal Seti?ices Authorities Act. 1987.
W,B/
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